> Meetings & Minutes > 1994 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

TUESDAY, JULY 5, 1994

INFORMATIONAL MEETING REGARDING ISLAND GROVE

REGIONAL TREATMENT CENTER

(#66)

The Board of County Commissioners met at 9:30 a.m. in regular session with B.J. Dean, Executive Director Island Grove Regional Treatment Center. Chair Duvall presided and Commissioner Disney was present; Commissioner Hotchkiss will be out of town this week. Also present were: Donna Hart, Assistant to the County Administrator; Frank Lancaster, Incoming County Administrator; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

Ms. Dean provided an overview for the Board of the Team Fort Collins funding request which is being proposed for the Island Grove Treatment Center; she presented and reviewed three packets outlining the Detox Basic Services (listing the contributors and amounts), Capital Project ($1,507,873 for a new facility), and the proposed request to provide for Enhanced Services, Transport, and a Case Manager--project total $48,847; funding sources to be Alcohol and Drug Abuse Division (ADAD) $15,000; Fort Collins $10,000; Loveland $7,000; and Larimer County $16,800. This project will provide additional services than currently provided and for a Case Manager. Mr. Gordon questioned why Larimer County's proportionate share is considerably more than the cities when the County already provides more for the basic Detox Services, even though more of the persons being transported to Island Grove are from Fort Collins and Loveland. Chair Duvall stated that the Board needs additional time to acquire a better understanding of the situation and proposed request before making a decision; Mr. Gordon stated that Ms. Hart is attempting to schedule a meeting with the Board, Team Fort Collins, representatives from Island Grove, the Cities, and other interested parties to discuss the proposal at length and attempt to determine a fair and equitable distribution of costs for all the entities involved. Ms. Duvall advised Ms. Dean to inform ADAD that the Board is supportive of the proposal and wishes to support it, but needs more information.

The meeting recessed at 10:00 a.m.


LIQUOR LICENSE HEARING FOR "END OF THE TRAIL SALOON"

(#66 @ 2450)

The Board of County Commissioners reconvened at 2:00 p.m. for a Public Hearing regarding a Change of Ownership for the End of the Trail Saloon. Chair Duvall presided and Commissioner Disney was present; as noted previously, Commissioner Hotchkiss will be out of town this week. Also present were County Attorney George Hass; Frank Lancaster, Incoming County Administrator; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

Mr. Hass stated that the purpose of today's hearing is for the Board to consider an application for a Change of Ownership of the liquor license for the End of the Trail Saloon and provide an opportunity for the Board to determine the suitability of the proposed licensee. The present license holder, Edith Moynier, desires to change from individual ownership to corporate ownership and include her son, Eddie Arretche, in the corporation. Mr. Hass advised that the Change of Ownership is the only issue before the Board today, even though there may be persons present who are concerned about other aspects of the license; however, Mr. Hass noted that if the Board wishes, it may receive such testimony and caution the license holders regarding the concerns raised.

Following a review of the contents by Mr. Hass of the application for the Change of Ownership, the applicant Ms. Moynier was sworn in and questioned. It was noted for the record that a letter of opposition to this establishment was received from Mr. & Mrs. Townsly. Mr. Randy Williams, adjacent property owner, addressed the Board and cited his concerns about the owners lack of cooperation with law enforcement officials, questioned the experience and training of the owner of the bar, and asked what steps are being taken by the owners to gain control over the patrons of the bar and to insure that the owners comply with the liquor license rules and regulations; also Mr. Williams requested that another public hearing be held at the next renewal time of this license to provide an opportunity for the neighbors to speak of their concerns regarding renewal. Ms. Moynier responded to allegations made about her establishment and her clientele and she described what improvements have been made to mitigate the concerns and improve the operation of the business; she stated she had eight years experience bartending and managing a bar in California before opening this bar. Commissioner Disney suggested that Ms. Moynier try and reach out to her neighbors and work on improving public relations with them. Chad Brunneier, the gentleman beaten in the parking lot of the bar on November 29, 1993 was sworn in and stated that the owners don't take responsibility for what happens in their establishment. Eddie Arretche, applicant, was sworn in and stated he has worked for the Lyons Police Department for six years; in response to the allegation made by Mr. Brunneier, Mr. Arretche noted that the incident referred to in the parking lot happened after hours and the bar was closed.

At this time, public testimony was closed; Chair Duvall noted that this case is unusual as today's hearing is to consider the Change of Ownership, but the concerns raised are whether or not the operation of the bar should be continued. She advised the applicants that they really need to "clean up their act" and work on improving their image in the neighborhood and cautioned that the Board will be taking a serious look at renewing the license for this establishment in May of 1995.

M O T I O N

Commissioner Disney moved that the Board approve the request for a Change of Ownership for the End of the Trail Saloon from an individual ownership to corporate ownership to be known as the End of the Trail Saloon, Inc. at 1720 Glade Road, Loveland, CO. 80537, and authorize the Chair to sign the application.

Motion carried 2 - 0.

The meeting adjourned at 2:40 p.m.

WEDNESDAY, JULY 6, 1994

ADMINISTRATIVE MATTERS

(#72 @ 700 & #71)

The Board of County Commissioners met at 9:30 a.m. in regular session with Bill Gordon, County Administrator. Chair Duvall presided and Commissioner Disney was present; Commissioner Hotchkiss was absent. Also present were: Irene Josey, Chief Deputy Treasurer; Dr. Larry Johnston, Director of Environmental Health; Frank Lancaster, Incoming County Administrator; Neil Gluckman, Assistant County Administrator; Donna Hart, Assistant to the County Administrator; and Joan Duchene, Office Supervisor. Recording Clerk, S. Graves.

1. REQUEST FOR SELECTION OF PUBLISHER FOR THE TABLOID: Ms. Josey provided the Board with copies of the four bids received from the Fort Collins Triangle Review, Loveland Reporter Herald, Estes Park Trail Gazette, and the Fort Collins Coloradoan, for the cost-per-column inch for advertising Delinquent Personal Property and first and second advertising of Delinquent Mobile Homes. Ms. Josey noted that neither the Coloradoan nor the Trail Gazette bid on the Real Property and Special Assessment Tax Lien Sale Tabloid. Ms. Josey apprised the Board that the law was recently changed to state that the Tabloid has to be run three consecutive weeks instead of four. Chair Duvall asked for a recommendation; however, Ms. Josey stated that their policy is not to make a recommendation, the decision is up to the Board, but that they work very well with all of the publishers and they will be happy with any decision the Board makes. Discussion followed.




M O T I O N

Commissioner Disney moved that the Board accept the bid of the Fort Collins Triangle Review as the Publishing Agent for the First and Second Advertising of Delinquent Personal Property and Mobile Homes and Real Property and for the Special Assessment Tax Lien Sale Tabloid for three consecutive weeks, and that an additional 1,000 copies of the Tabloid be published to allow for copies to be placed in City and County buildings and libraries.

Motion carried 2 - 0.

2. REQUEST FOR SIGNATURE ON LETTER OF SUPPORT FOR PROPOSED GRANT "POLLUTION PREVENTION PROGRAM FOR LARIMER COUNTY" AND UPDATE ON MOSQUITO CONTROL IN LARIMER COUNTY: Dr. Johnston requested the Commissioner's signatures on a letter of support for a grant application to the Colorado Department of Health for $55,000 for a Pollution Prevention Grant. Dr. Johnston stated that this grant would support the salary of one FTE in the Health Department and a particular industry will be selected as a model to work with on pollution control, such as furniture and cabinet manufacturers. CONSENSUS OF THE BOARD was to support this request and authorize the signatures of the two Commissioners present on the letter of support for this grant application.

Dr. Johnston reported on the mosquito situation in Larimer County and noted that 15 to 20 calls of complaint are received every week; he stated that the policy of the Board of County Commissioners for the past 17 years has been not to provide mosquito control services due to the cost, short mosquito season, and general unwillingness of the majority of the citizens to fund the program. Currently, the control measures in the County involve the implementation of individual personal control measures; however, there is a regional encephalitis surveillance system in place to warn us if an outbreak of Western Equine Encephalitis occurs. If an outbreak would occur, then the Board would be contacted immediately regarding what appropriate control measures should be undertaken. After discussion, CONSENSUS OF THE BOARD was to continue with the current policy of recommending individual personal control measures.

3. REAPPOINTMENTS AND APPOINTMENT TO THE PLANNING COMMISSION: Mr. Gordon submitted recommendations for reappointments and appointments to the Planning Commission; Chair Duvall indicated her desire to interview all the applicants who applied to serve on the Planning Commission. Commissioner Disney concurred and recommended that an advertisement be placed in the Estes Park Trail Gazette for applicants to serve on this Commission; in the interim, Commissioner Disney suggested that a temporary extension be placed on the terms of the affected Commission Members. During the next Policy Worksession, the Board will review all the applications submitted for the Planning Commission and, at that time, Commissioner Hotchkiss will be present.

4. WORKSESSION:

-- Mr. Gordon presented a letter addressed to Roger Fraser, Loveland City Manager, supporting the "Northern Triangle" Group and requested Board approval. Mr. Gordon noted that this Group is concerned about the management of growth in the northern triangle and desirous of pursuing opportunities for cooperative planning. Mr. Gordon stated that two letters have been received regarding this matter, one stating that financial support was not being solicited from Larimer County and one letter asking for financial support. The letter submitted for Board approval today was in response to the letter not seeking financial support. CONSENSUS OF THE BOARD was to approve the letter submitted and to request Mr. Gordon to send a note to Steve Burkett, Fort Collins City Manager and author of the second letter, requesting clarification.

-- Mr. Gordon stated that Commissioner Disney received a call from a gentleman in the vicinity of Glade Road Park concerning inner tubes in the water. Mr. Gordon researched the Statute regarding same in which it states that inner tubes (single chambers) are not considered vessels and are not covered by State regulations, they are under the control of the local Sheriff. Mr. Gordon suggested erecting a sign stating "No Single Chamber Inner Tubes Allowed" or a sign stating "Private Property Downstream--No Launching From This Site". Chair Duvall stated that the Parks Department needs to be involved in discussion of this matter; Mr. Lancaster will talk to the Parks Director and return to the Board with a recommendation. Sheriff Shockley stated that posting of a sign will result in more calls to the Department and necessitate more responses to the area. The question is if the Board wants to do this on the basis of safety or protection of private property.

5. COMMISSIONER'S REPORTS:

-- Chair Duvall reported she has been meeting with the Forest Service regarding the County sharing in the cost of dropping slurry during the recent Hourglass Fire at Pingree Park. The fire started on Federal Land but spread to private land and 80,000 gallons of slurry was dropped the first day at a cost of $55,000; the Forest Service is saying that this amount of slurry would not have been dropped if no private structures were in the area. Chair Duvall stated that the first eight hours of a fire is known as the Mutual Aid Period and this slurry dropping occurred mostly during that period and could be covered by Federal Funds; however, Bill Nelson of Emergency Operations noted it would be advisable to help share in this cost in order to maintain good relations. Another meeting is being held this afternoon to discuss this matter further; Mr. Lancaster expressed concern about setting a precedent.

At this time, County Attorney George Hass joined the meeting for Legal Matters.

Mr. Hass requested Board approval and the Chair's signature on a Contract with the Bureau of Reclamation for construction of a detour on the County Road 18E bridge across Cottonwood Creek north of Flatiron Dam.

M O T I O N

Commissioner Disney moved that the Board approve a Contract with the Bureau of Reclamation for construction of a detour to the CR 18E bridge across Cottonwood Creek north of Flatiron Dam.

Motion carried 2 - 0.

C94-42 CONTRACT (SPECIAL USE PERMIT) BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND THE BUREAU OF

RECLAMATION (Construction of Detour around Bridge across

Cottonwood Creek on Pole Hill Road - CR 18E)

M O T I O N

Commissioner Disney moved that the Board go into Executive Session at 10:50 a.m. for discussion of pending litigation.

Motion carried 2 - 0.

The Executive Session ended at 10:55 a.m.; no action taken.

6. DOCUMENT REVIEW:

The following documents, of a routine nature, were considered by the Board:

M O T I O N

Commissioner Disney moved that the Board approve the Minutes for the week of June 27, 1994 and the Agenda for the week of July 11, 1994, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Disney moved that the Board approve the 1994 Audit Engagement Letter from the County Auditors, Hunt, Spillman & Associates, P.C.

Motion carried 2 - 0.

LIQUOR LICENSES: County Approval was granted to Red Feather Super Market - 3.2% - Red Feather Lakes, CO.; Smoke House & Grill - 6% - Livermore, CO.; and for a Waive of Hearing for a CHANGE OF OWNERSHIP for the River Forks Stage Stop, Inc. dba the River Forks Stage Stop, 1601 Big Thompson Canyon, Drake, CO. for a 6% - Hotel and Restaurant Liquor License.

M O T I O N

Commissioner Disney moved that the Board approve the following documents:

A94-112 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 27 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND CARL T. SPINA AND KAREN SPINA,

AKA KAREN U. CUSHMAN (Project #195)

A94-113 AGREEMENT TO GRANT EASEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND THE CITY OF

LOVELAND (To Divert Ditch Water)

A94-114 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND PITZELLE, LTD. (117 & 119 West Oak

St. by Community Corrections and the Sheriff)

C94-43 MASTER CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL

JUSTICE (Continued Funding for YSB Programs)

Motion carried 2 - 0.

The meeting recessed at 11:05 a.m.

WORKSESSION REGARDING LAND USE MATTERS

(#71 @ 850)

The Board of County Commissioners reconvened at 1:30 p.m. for a Worksession with County Attorney George Hass and Assistant County Attorney Jeannine Haag. Chair Duvall presided and Commissioner Disney was present; Commissioner Hotchkiss was absent. Also present were: Director of Planning, John Barnett; Russ Legg, Development Processing Senior Planner; Donna Hart, Assistant to the County Administrator; Frank Lancaster, Incoming County Administrator; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

Mr. Barnett stated the purpose of today's worksession is for discussion of the possibility of adopting a policy regarding transferable development rights in the County. Chair Duvall drafted a proposal stating that in order to conserve the open lands and rural character of the County, a policy should be formulated immediately that requires purchase of development rights in order to develop at any density that is higher than current zoning or planning allow, and that this policy apply to the Urban Growth Areas of Larimer County.

Chair Duvall solicited legal advice as to how to write a policy making the transfer of development rights legal; she suggested that criteria be developed to determine where high density (receiving areas) should occur and where the undeveloped (sending areas) should remain. Much discussion followed and it was agreed that the Comprehensive Land Use Policy and the Subdivision and Zoning Regulations need to be revised and brought into conformity. Chair Duvall stated that her goal isn't just to create open areas, but to preserve farming and ranching in Larimer County; she suggested the possibility of drafting an interim policy, as a measure to stop the up-zoning and "give-away" of density which occurs every Monday morning, until all the necessary changes are made. Mr. Barnett stated that we need to define our purpose and what it is we are trying to create, and we need to work with the other communities in the County to gain broad-based support for this new concept.

After lengthy discussion of the various steps to take, it was agreed that Mr. Barnett will work with Mr. Hass and draft a list of four or five options which can be considered by the Board to be adopted as an interim measure, in an attempt to manage development in the County until the Comprehensive Land Use Plan and other planning documents are revised.

The meeting adjourned at 3:20 p.m.


______________________________________

JANET S. DUVALL, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:


____________________________________

Sherry E. Graves, Deputy County Clerk

July 6, 1994